R523-5-9. Requirements to Remain Qualified as a PSS

  (1) Complete at least twenty (20) hours of continuing education (CEUs) every two (2) years including two (2) hours of ethics training, six (6) hours pertaining specifically to peer support services, one (1) hour of suicide prevention training and eleven (11) hours of general mental health and/or substance use disorder training.

  (2) Each PSS shall maintain adequate documentation as proof of compliance with this Section, such as a certificate of completion, school transcript, course description, or other course materials. The PSS shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due; and

  (a) At a minimum, the documentation shall contain the following:

  (i) Date of the course;

  (ii) Name of the course provider;

  (iii) Name of the instructor;

  (iv) Course title;

  (v) Number of hours of continuing education credit; and

  (vi) Course objectives.

  (3) Each certified PSS shall abide by the Provider Code of Conduct pursuant to Section R495-876, and as also found in the Department of Human Services Provider Code of Conduct Policy.

  (a) Each employer that becomes aware of a certified PSS engaging in unprofessional or unlawful conduct, or has violated the provider code of conduct shall:

  (i) immediately take action to review the allegations,

  (ii) take steps to ensure that all individuals involved with the allegation are protected, and

  (iii) notify the Division within 30 days.

  (b) Termination of certification shall be made effective immediately if the alleged violation(s) results in one or more of the following:

  (i) personal financial gain through deception, or a business transaction with a client, by the PSS,

  (ii) physical or emotional harm to a person that is caused by the PSS, or

  (iii) a financial loss to a client, the State, or another employee that is caused by the PSS.

  (c) The Division shall take the following actions when it becomes aware of a certified PSS in violation of the provider code of conduct that does not result in immediate termination:

  (i) Within 30 days of becoming aware of the violation(s), the Division shall notify the certified PSS, in writing, through a Notice of Agency Action specifying the area(s) of noncompliance.

  (ii) Within 30 days of receiving a notice of Agency Action, the certified PSS shall submit an acceptable written plan to the Division explaining how they will achieve compliance.

  (iii) All plans shall demonstrate how the certified PSS shall be in compliance within 30 days after receiving the Notice of Agency Action.

  (iv) If an acceptable plan of action is not received by the Division within 30 days of sending the Notice of Agency Action, the certified PSS shall be notified that their certification has been suspended until an acceptable plan is submitted to the Division.

  (v) A certified PSS must cease providing any and all peer support services until a suspension is lifted.

  (d) The Division shall revoke the certification of any certified PSS for the following reasons:

  (i) The certified PSS fails to provide the Division with written evidence of compliance to a plan of action within 30 days after the PSS receives a Notice of Agency Action that their certification has been suspended.

  (ii) The certified PSS continues to provide peer support services during the period of a suspension; or

  (iii) The certified PSS receives more than two notices of noncompliance with the Provider Code of Conduct in a one-year period.

  (e) Any PSS whose certification has been revoked may request an informal hearing with the Division director or designee, in writing, within 10 business days of receiving notice of revocation.

  (f) The Division director or designee shall review the request and determine to uphold, amend or reverse the action within 10 business days, and the Division shall inform the PSS of the decision in writing.

  (g) Any PSS with a revoked certification may not reapply for recertification for a period of twelve months.

  (h) If a certified PSS fails to complete the requirements for CEUs, their certificate will be allowed to expire and shall not be renewed until the required CEUs have been completed and submitted to the Division for approval.